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Successful Durham appeal unlikely, outside lawyers say

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The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.

But a couple of veteran criminal defense attorneys who tracked the trial of Tim Durham and James Cochran, along with company chief financial officer Rick Snow, say a successful appeal is an extreme long shot.

“If I was involved in that appeal, the last thing that I would do is overstate any hope to the family,” Indianapolis lawyer Robert Hammerle said.
 
Durham received a 50-year sentence and Cochran a 25-year sentence from Judge Jane Magnus-Stinson for defrauding Ohio investors of $250 million. Snow was sentenced to 10 years. Snow’s lawyer, Jeffrey Baldwin, couldn't be reached Monday morning to see if he plans an appeal.

A federal jury in June found Durham guilty on all 12 felony fraud charges stemming from the collapse of Akron, Ohio-based Fair. Durham co-owned the firm with Cochran, who was convicted of eight of 12 felony charges. Snow was convicted on five of 12 counts.

The lengths of their sentences are much shorter than what the government had recommended — 225 years for Durham, 145 years for Cochran and 85 years for Snow.

Following Durham’s sentencing Friday, his lawyer, John Tompkins, said he planned to appeal the conviction to the 7th Circuit U.S. Court of Appeals in Chicago. A notice of appeal must be filed within 14 days of sentencing.

Tompkins didn’t return a phone call Monday morning seeking further comment on what legal argument he might use to get Durham’s conviction reversed.

But Friday, he said, “anything that is likely to result in dying in prison can’t be described as a good result.”

Reached by phone Monday morning, Cochran’s lawyer, Joseph Cleary, said he, too, planned to appeal his client’s conviction, though he declined to specify on what grounds.

Cleary did not represent Cochran during his conviction and was appointed as a public defender in late September.

“What the issues in the appeal will be, at this point, I can’t tell you,” Cleary said.

Marty Solomon, a veteran criminal defense lawyer in Indianapolis who has argued several cases in front of 7th Circuit judges, said lawyers mostly cite lack of evidence or judicial error when appealing.

But in the case of Durham and Cochran, the chances of success are slim, said Solomon, who described the evidence as “powerful” and “overwhelming.”

“I would say that Durham and his co-defendants probably have a better chance of hitting a $500 million lottery than succeeding on appeal,” he said.   

Barring successful appeals, Durham, 50, likely will spend the rest of his life in prison and Cochran, 57, most of his remaining years.

Unlike state prisoners, federal inmates must serve 85 percent of their sentences. Durham would need to live to 93 to survive his sentence, and Cochran, to 78. Snow is 49 years old and could be out in 8-1/2 years.

Solomon said Magnus-Stinson likely gave Durham 50 years — basically a life sentence — instead of the recommended 225 years to avoid an appeal on the sentence. Most all federal appeals argue the conviction and not the sentence, he said.

“I never thought of her as a lenient judge,” said Solomon, who appeared before her during her time as a criminal court judge in Marion Superior Court. “So I knew right away that she would be strict with Durham.”

Federal prosecutors sought the stiffer sentences, taking into account 5,122 victims and a loss of $250 million, to punish Durham and Cochran for operating Fair as a Ponzi scheme.

Before his sentencing, Durham said he read many of the letters from victims and regretted that the company failed. He also defended Cochran and Snow but failed to offer an apology.

Cochran, though, sobbed while telling investors how remorseful he was over their losses.

“One thing I know for sure is that I regret what happened to all the investors,” he said. “I’m heartbroken. I never intended for this to happen.”

U.S. Attorney Joseph Hogsett called Durham’s 50-year sentence “a significant price that he deserves.”

The victims "lost their peace of mind, their trust in others, and their faith in goodness and mercy," Hogsett said in a prepared statement. "These are things they will never get back. What Tim Durham and his associates destroyed through self-indulgence was irreplaceable, and those people may never be made whole."

All of IBJ's coverage of Tim Durham and Fair Finance can be found here. The IBJ is a sister publication of Indiana Lawyer.
 

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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